RULES AND REGULATIONS
[58 PA. CODE CH. 143]
Hunting and Furtaker Licenses
[34 Pa.B. 2826] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2004, meeting, adopted the following final-form rulemaking:
Amend §§ 143.45 and 143.52 (relating to completing and submitting applications; and procedure for unlimited antlerless licenses) by eliminating the requirement to circle the appropriate number on the antlerless license application envelope, and move the date when county treasurers begin accepting over-the-counter antlerless license applications.
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The final-form rulemaking was adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 34 Pa.B. 484 (January 24, 2004).
1. Introduction
The amendment to § 143.45 changes terminology and eliminates subsection (g), which contained the legal requirement that an applicant for an antlerless license circle the appropriate number on the application envelope. The amendment to § 143.52 adjusts the date for county treasurers accepting over-the-counter applications so as not to conflict with the mail-in application processing demands.
2. Purpose and Authority
By eliminating the requirement that the preprinted number on the outside of the envelopes be circled to indicate the number of applications enclosed by those applying for antlerless deer licenses, the Commission will be relieved of being forced to place deficient envelopes into a dead letter file because of an inadvertent mistake by the filer. Rather, the Commission will be legally permitted to accept them and the enclosed applications and process them without unnecessary delay and extra mail handling.
By adjusting the date when county treasurers can begin accepting over-the-counter applications for antlerless deer licenses to the third Monday in September, the burden on county treasurers who are still processing mail-in applications will be lessened and allow ample time for applicants who have applied by mail to have their applications received and processed before others can purchase them over-the-counter.
Section 2705(13) of the code (relating to classes of licenses) lists antlerless deer licenses as one of the licenses that the Commission administers by establishing regulations, requirements and conditions. Section 2722(g)(2) of the code (relating to authorized license-issuing agents) provides that ''The commission shall adopt regulations for the administration, control and performance of activities conducted pursuant to the provisions of this Chapter.'' The amendments to §§ 143.45 and 143.52 were adopted under this authority.
3. Regulatory Requirements
The final-form rulemaking will allow applicants for antlerless licenses who fail to circle the number of applications enclosed within their envelope to have their applications legally accepted and processed. The final-form rulemaking will also allow county treasurers to legally accept over-the-counter antlerless applications at a later date to ease processing demands and conflicts with the mail-in applications.
4. Persons Affected
Persons who wish to apply for an antlerless deer license will be affected by the final-form rulemaking.
5. Comment and Response Summary
There were no official comments received regarding the final-form rulemaking.
6. Cost and Paperwork Requirements
The final-form rulemaking should not result in any additional cost or paperwork.
7. Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information regarding the final-form rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of these amendments of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
Order
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 143, are amended by amending § 143.52 to read as set forth at 34 Pa.B. 484 and by amending § 143.45 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order, 34 Pa.B. 484 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-176 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter C. ANTLERLESS DEER LICENSES § 143.45. Completing and submitting applications.
(a) Except as otherwise provided in § 143.52 (relating to procedure for unlimited antlerless licenses) and for those applications submitted by qualified landowners, it is unlawful for a county treasurer to accept an application other than from the Commission. County treasurers with unsold antlerless deer licenses shall accept applications over the counter and may immediately issue licenses beginning on the first Monday in November.
(b) The Commission will not accept antlerless deer license applications other than by regular first class mail delivered through and by the United States Postal Service.
(c) Applications will not be accepted by the Commission prior to the start of the normal business day on the first Monday in August.
(d) The application shall be legibly completed, in its entirety, in accordance with instructions on the application.
(e) The application shall be mailed only in the envelope provided.
(f) Applications are limited to not more than three per envelope.
(g) The envelope shall contain return first class postage and a return address. If requirements of this subsection are not met, applications will be placed in a dead letter file and may be reclaimed by the applicant upon contacting the Commission's Hunting License Division in Harrisburg. Postage, both forward and return, is the responsibility of the applicant.
(h) Unless otherwise ordered by the Director, remittance shall be in the form of a negotiable check or money order payable to ''County Treasurer'' for applications enclosed, and in the total amount specified in the act for each license. Cash may be accepted by county treasurers for over the counter sales.
[Pa.B. Doc. No. 04-944. Filed for public inspection May 28, 2004, 9:00 a.m.]
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